[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Rules and Regulations]
[Pages 16553-16556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05593]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0220]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Cape Canaveral Offshore Launch Area, 
FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
waters of the Atlantic Ocean, adjacent to Cape Canaveral, FL. This 
safety zone would implement a special activities provision of the 
William M. (Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021. The Coast Guard is establishing this safety zone for 
the launch of the Terran 1 rocket, which is being launched by 
Relativity Space. The temporary safety zone will be located within the 
Coast Guard District Seven area of responsibility offshore of Cape 
Canaveral, Florida. This rule prohibits U.S.-flagged vessels from 
entering the temporary safety zone unless authorized by the District 
Commander of the Seventh Coast Guard District or a designated 
representative. Foreign-flagged vessels are encouraged to remain 
outside the safety zone. This action is necessary to protect vessels 
and waterway users from the potential hazards created by launch of the 
Terran 1 rocket, flying over the U.S. Exclusive Economic Zone (EEZ).

DATES: This rule is effective without actual notice from March 20, 
2023, through 4 p.m. on March 23, 2023. For the purposes of 
enforcement, actual notice will be used from 10 a.m. on March 16, 2023, 
through March 20, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0220 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Ryan Gilbert, District Seven, Waterways Management 
Branch, U.S. Coast Guard; telephone 305-415-6750, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 16554]]

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
Sec.  Section
U.S. United States
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 1, 2021, the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283) 
(Authorization Act) was enacted. Section 8343 (134 Stat. 4710) calls 
for the Coast Guard to conduct a 2-year pilot program to establish and 
implement a process to establish safety zones to address special 
activities,\1\ including space activities carried out by United States 
(U.S.) citizens in the U.S. Exclusive Economic Zone (EEZ).\2\ Terms 
used to describe space activities, including launch, are defined in 51 
U.S.C. 50902.
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    \1\ Special Activities means space activities, including launch 
and reentry, as such terms are defined in section 50902 of Title 51, 
United States Code, carried out by United States citizens.
    \2\ The Coast Guard defines the U.S. exclusive economic zone in 
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
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    The Coast Guard has long monitored space activities impacting the 
maritime domain and taken actions to ensure the safety of vessels and 
the public as needed during space launch operations. In conducting this 
activity, the Coast Guard engages with other government agencies, 
including the Federal Aviation Administration (FAA) and National 
Aeronautics and Space Administration (NASA). This engagement is 
necessary to ensure statutory and regulatory obligations are met to 
ensure the safety of launch operations and waterway users.
    The Coast Guard has an existing permanent regulated navigation area 
(RNA) that prevents vessels from operating in the waters adjacent to 
the Cape Canaveral launch area; however, that area only extends to the 
limits of the territorial sea.\3\ With this temporary final rule, the 
Coast Guard is establishing a temporary safety zone in the Atlantic 
Ocean in the U.S. EEZ that will abut the existing RNA near Cape 
Canaveral, FL. The Coast Guard intends to activate the existing RNA in 
33 CFR 165.775 concurrently with the temporary safety zone established 
by this rule for the launch of the Terran 1 rocket.
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    \3\ See 33 CFR 165.775.
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    The Terran 1 will be the first rocket launched of the Terran 
Program. Rockets built by Relativity Space for the Terran program are 
constructed using a novel 3D printing technology that has never been 
successfully employed in the United States. While the Terran rocket has 
conducted tests of its engines, it has not yet been launched into low 
earth orbit. Therefore, this launch presents a higher risk profile than 
with a typical launch. Based on these factors, it has been determined 
that the best way to reduce risk is to establish this temporary safety 
zone abutting the established RNA in Sec.  165.775.
    Once the Terran 1 rocket has been launched, the Coast Guard will 
notify the public through a Broadcast Notice to Mariners (BNM) that any 
remaining safety zone enforcement times and dates are no longer needed.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. This 
safety zone must be established by March 16, 2023, in order to protect 
vessels and waterway users from the potential hazards associated with 
the launch of the Terran 1 rocket.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the rule's objectives of ensuring the 
protection of vessels and waterway users in the U.S. EEZ from the 
potential hazards created by the launch operation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under section 8343 of the 
Authorization Act. The Seventh District Commander has determined that 
there are potential hazards in the U.S. EEZ created by the launch of 
the Terran 1 rocket. The purpose of this rule is to ensure safety of 
vessels and waterway users before, during, and after the scheduled 
launch.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone that will be subject 
to enforcement starting on March 16, 2023, through March 23, 2023, from 
10 a.m. to 4 p.m. each day, until the Terran 1 rocket is launched. Once 
the Terran 1 rocket has been launched, the Coast Guard will notify the 
public that the temporary safety zone has been cancelled, through a 
BNM.
    This temporary safety zone will cover certain navigable waters in 
the path of the rocket being launched from Cape Canaveral, FL. The 
safety zone will cover approximately 650 square miles and is roughly 
shaped like an elongated trapezoid. It will directly abut the RNA 
established in Sec.  165.775. U.S.-flagged vessels will be prohibited 
from entering the temporary safety zone unless authorized by the 
District Commander of the Seventh Coast Guard District or a designated 
representative. Foreign-flagged vessels are encouraged to remain 
outside the safety zone. The coordinates of the safety zone are 
provided in the regulatory text, and a map will be provided in the 
docket.
    No U.S.-flagged vessel or person will be permitted to enter the 
safety zone without obtaining permission from the District Commander or 
a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, duration, and scope of the temporary safety zone. The 
temporary safety zone is limited in size and location to only to the 
areas where Terran 1 rocket launch may pose a danger to vessels outside 
the RNA. The temporary safety zone is limited in scope, as vessel 
traffic will be able to

[[Page 16555]]

safely transit around the zone. The safety zone is expected to be 
enforced for approximately 8 hours. After the launch has been 
completed, and there is no longer any danger to vessels from the Terran 
1 rocket, the Coast Guard will notify waterway users and vessels that 
the safety zone is no longer subject to enforcement. The safety zone 
will ensure the protection of vessels and waterway users from the 
potential hazards created by the launch of the Terran 1 rocket.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
enforcement of a safety zone for approximately 5 or 6 hours during the 
duration of the rocket launch of the Terran 1 rocket. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0220 to read as follows:


Sec.  165.T07-0220  Safety Zone; Atlantic Ocean, Cape Canaveral 
Offshore Launch Area, Cape Canaveral, FL.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean, from surface to bottom, encompassed by a line 
connecting the following points beginning at Point 1: 28[deg]38'19.3'' 
N 80[deg]21'22.9'' W, thence to Point 2: 28[deg]45'14'' N 
79[deg]58'51.2'' W, thence to Point 3: 28[deg]15'39.7'' N 
79[deg]58'51.2'' W, thence to Point 4: 28[deg]22'27.7'' N 
80[deg]18'59'' W, thence following the 12NM line back to point 1. These 
coordinates are based on World Geodetic System (WGS) 84.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel, U.S. 
Space Force range safety personnel, and Federal, State, and local 
officers designated by or assisting the District Commander in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of

[[Page 16556]]

this part, U.S.-flagged vessels may not enter the safety zone described 
in paragraph (a) of this section unless authorized by the District 
Commander or a designated representative. All foreign-flagged vessels 
are encouraged to remain outside the safety zone.
    (2) To seek permission to enter, transit through, anchor in or 
remain within the safety zone contact Sector Jacksonville by telephone 
at (904) 714-7557 or the District Commander's representative via VHF-FM 
radio on channel 16. Those in the safety zone must comply with all 
lawful orders or directions given to them by the District Commander or 
a designated representative.
    (d) Notification of enforcement. (1) The Coast Guard intends to 
enforce the temporary safety zone for the Terran 1 rocket launch with 
assets on scene to ensure the temporary safety zone is cleared of 
persons and vessels.
    (2) Once the Terran 1 rocket has been launched, the safety zone 
will no longer be needed. At that time, the Coast Guard will notify the 
public of the cancellation of the safety zone through a Broadcast 
Notice to Mariners on VHF-FM channel 16, and through social media.
    (e) Enforcement period. This section will be enforced from 10 a.m. 
on March 16, 2023, through 4 p.m. on March 23, 2023. This section is 
subject to enforcement from 10 a.m. to 4 p.m. each day.

    Dated: March 14, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2023-05593 Filed 3-17-23; 8:45 am]
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